gc28262
03-11 11:52 PM
I never said you are working on %age basis. I know many H1Bs work on %age basis like independent contractors. This leads to benching and USCIS is trying to crack down on
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
that.
That is right. %age basis is not allowed on H1. In fact it is not the %age basis that causes the issue. Not paying on bench is the real issue.
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bluekayal
01-27 12:41 AM
"Bringing Congress to the People."
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
9 -11 am, Saturday, January 28, 2006:
at the Auditorium of Laney College, Oakland
sponsored by the Congressional Black Caucus Institute,
open to the public
followed by a press conference
About 18 members of the Congressional Black Caucus, the Congressional
Hispanic Caucus and the Congressional Asian Pacific Islander Caucus and
special guests will address healthcare, poverty, and immigration.
contact Barabara Lee's District Office at (510) 763-0370.
Several of us are thinking of going. Why not join us if you are in the Bay Area?
longq
12-29 10:56 AM
I tend to agree with your interpretation that "NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE" refers to those beyond 140K. The language of law is always beautiful, isn't it?:)
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
Anyhow, I still think it merits a deeper investigation and consultation with attorneys.
No one analysed the statue of the language used in 202 5 a.
If the total number of visas available under paragraph (1), (2), (3), (4), or (5).
The key is OR. If the the intension of the language is total demand is less than 140,000, then it would have been "If the total number of visas available under paragraph (1), (2), (3), (4), and (5)"
The language used in the 202 5 a, explicitly defines each preference catagory seperatly. Also it says "the visas made available under that paragraph shall be issued".
For example the unused visas by EB1, let us assume 10,000.
The visas avaliable in EB2 is 40,000 as per 203 b 2.
Therfore the total visas in EB2 is 50,000.
If the total demand is less than 50,000 in EB2 (India+Cina+ROW), the 7% quota is not applicaple.
This is the very direct, simple interpretation of 202 5 A.
Therefore one cannot (EB3-ROW) interpret, for their convenience. Thats why I suggest the IV to discuss with experinced attorney and make a enquiry with law makers or DOS, if required. Otherwise (if it is wrong it is a big blow to India and China). We will get only 2800 per year.
2011 cute justin bieber pics.
vijayrudra
07-19 02:38 PM
have PM'ed ya
more...
jediknight
04-23 06:08 PM
I totally agree that non-white folks will be inspected by cops during the initial period of enactment of the law. What's the big deal about it. We will be stopped by cops. They will check our papers and will leave us, won't they? The same is true for Latinos (if they are here legally).
You think this is Ok. What's if you have forgotten to carry your papers?
BTW, Look if these folks were serious about illegal immigration, they would push E-Verify and would have massive fines and jail time for employers who employ illegal.
They would also clean up the legal immigration queues to ensure that there is no 10 to 20 year wait for someone who was born in Mexico or India or China.
And finally have a legal guest worker program for low skilled laborers.
These above three items would solve the immigration issue and were actually proposed by George Bush in 2006.
- JK
You think this is Ok. What's if you have forgotten to carry your papers?
BTW, Look if these folks were serious about illegal immigration, they would push E-Verify and would have massive fines and jail time for employers who employ illegal.
They would also clean up the legal immigration queues to ensure that there is no 10 to 20 year wait for someone who was born in Mexico or India or China.
And finally have a legal guest worker program for low skilled laborers.
These above three items would solve the immigration issue and were actually proposed by George Bush in 2006.
- JK
apahilaj
12-03 03:28 PM
Got the same too. I git frustrated and sent out an e-mail on Friday. Not sure if I should really fill in the form. What a mess at every stage :mad:
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
I have filled out the forms for my self and my spouse. Going to mail them tonight. What's the worse that can happen? We are already in a sh** situation...
more...
bkarnik
04-12 11:27 AM
The only leeway USCIS has w.r.t EADs are the duration of the EADs and not the timing of the issue of the EAD. The fact that the EAD can be given only after the I485 is filed is governed by the INA.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
Further the grant of EADs in all the eligible categories is more or less the same. Even if the timing of the grant of the EAD were in USCIS hands, it is hard to request an alternative interpretation of the regulation in some cases (eg after I-140) while retaining the same interpretation for other categories (eg EAD after completion of Education). This just opens up a lot of loopholes.
ON top of all this we have to take into consideration the huge inherent inertia of the USCIS to change. As already pointed out the only recourse available would be to change the law of the land, on which path we are already traversing.
Werc:
Thanks for your post. However, as per my original post, could you indicate the section where in the INA does it mention when employment authorization can be given? In fact, the first line in the in the paper in the link included by Bee in his post, clearly mentions that "...nowhere in the statutes or regulations, is there a reference to a work permit" (i.e. an EAD as clarified later in the document).
As you mention later in your post, yes it is hard to get something from USCIS, but should we shy away from something just because it is hard? Also, as the same document (posted by BEE) mentions, the reasons for issuing an EAD are varied.
But let us take the specific case you mentioned, a student can work up to 12 months after his graduation. This time frame is provided for multiple reasons, the main one being to give the student to find employment in his related field of education and for the employer to evaluate him and process his adjustment of status. Without the EAD, the student would have to find employment and adjust his status within 2 months or be out of status. BUT the EAD also provides the student the choice of changing employers without losing his status.
Now, coming to the issue of EAD after I-140 or after I-485...By submitting the I-140 the employer is not only asking the USCIS to approve the need (as certified by the DOL) of a alien as a permanent worker, the employer is also providing the USCIS with particulars of the alien who will be hired. Therefore, by approving the I-140, the USCIS is not only approving the need of the employer, it is also approving the alien for the job. This is also supported by the fact that the USCIS allows concurrent filing of I-140 and I-485 if the priority date is current for that particular country/category. Hence, an EAD after I-140 not only allows the employer to hire an alien already in the company, it also allows the alien who might be working for an employer other than the one which applied for the I-140 to switch jobs, without worrying about being out-of-status, if he is very close to finishing his 6years on an H1B. For an alien who is outside the country when his I-140 is approved (very rare case, but possible), he can enter the US on an H1B sponsored by the petitioning employer and then apply for an EAD for himself and his dependents while waiting for the visa number to be available and file his I-485. BUT the EAD also gives the alien the chance to find another willing employer within 6 months for similar job descriptions and within the same geographic area without being out of status and preserve the priority date rather than worry about losing his status if something unfortunate happens to the petitioning employer (ENRON, MCI, etc.)
Whether, this will be successful or not is another question. But unless you try you can never be sure. Before 1969, a man on the moon was an impossibility but it happened :) Changing the law is the NEED of the day and we should be pursuing it to the full extent of our capabilities for LONG term relief. But, asking the agencies who interpret the existing laws and apply them to reconsider will not and should not in any way hamper our efforts in this. Rather this is something that is a SHORT term relief that in no way goes against the word of the law or against the intent of Congress when it passed the law.
Well, since this has been an long post, I will call it my 4 cents.:D Thoughts, comments and brickbats are, as usual, welcome.
2010 Justin Bieber (cute)
vkannan
02-11 01:45 PM
Looking at the .PDFs and the law on spillover, I agree with MPADAPAs analysis. Still hope that there would be spillovers from unused EB visa...sure it will be less compared to last year....but atleast feel/hope it would be enought to get through 2006....atleast for EB2 guys....
more...
spicy_guy
08-02 12:58 PM
Every employment based immigrant who aspires to settle here in US to realize their American dream for their kids better future like the way you think.. if America doesn't welcome him, he will look for competitive job in some other country where he is welcomed or he will go back to his own mother country... if you don't promote the insource of worlds best talent in to US economy...that job will be outsourced for sure in couple of years...young talents on the other side of the planet are working like rocket scientists with innovative engineering brain to keep their economies rising to reach number one position in the world...if you observe the salaries these days in India and china..they are on par with US jobs and more in some companies..there will be no stand to mentality of the people once they struggle for their existence with the job and other issues in the life...it goes with money mostly......if you think on the other side like if govt welcomes those same young talents who can create jobs and can help US economy to continue its journey with out putting per country limit for in sourcing the talent..:cool:
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
hair Justin Bieber
coolngood4u80
11-10 03:59 PM
wonder why bulletin hasn't come out yet...
more...
gk_2000
07-29 01:24 PM
Friends, what is the use of screaming here in this forum? We should become more effective in getting our point of view across, as the important people just don't get it. We should pay attention to the way we are highlighting our issues, or else our questions will continue to be struck down by lame explanations
For one, it might have been better to ask: What are you going to do about the visa backlogs that have long delays like 10 years and more?
Ours is NOT to suggest solutions. Our job is to lay down the problem as clearly as possible
For one, it might have been better to ask: What are you going to do about the visa backlogs that have long delays like 10 years and more?
Ours is NOT to suggest solutions. Our job is to lay down the problem as clearly as possible
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kshitijnt
06-12 03:38 PM
Negative testimony can be used by some to harp on issues or get some leverage. However let the truth be there. Not everyone will be happy with legal immigration reform. But in the end, support for these reform is good from business and the immigrants and they are the ones impacted. So I dont think whether republicans or democrats they will politicize the issue. CHC caucus members may considering its sour grapes for them.
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mallu
11-30 05:57 PM
I never said 80,000 FB visas are reserved for EB. Then those numbers would not be called as FB visas, would they?
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
When is this name check reform getting implemented. Why is is so difficult to implement ?
Any way, if you look at the statistics (page 52, http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf), USCIS has not fully utilized all available EB visas for 12 years out of the 15 years. Hence I said, USCIS is THE bottleneck. For the 3 years (out of the total of 15 years), unavailability of visa numbers is THE issue. But for the majority of the years, lack of visa numbers is NOT the issue.
When is this name check reform getting implemented. Why is is so difficult to implement ?
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gcseeker2002
07-19 11:23 AM
For couple of weeks in 2001, when I was getting H1 transfer, I was without pay. I applied H1 transfer before old H1 expired, but got the receipt notice after few weeks and only after that I started working. Am I out of status ?
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
For that matter, is it out of status if one gets paid from 2 companies with
2 H1bs ? If one is on bench but getting paid by one company, starts working with 2nd company on new H1b?
more...
pictures Justin Bieber bio.
Macaca
09-03 08:38 AM
over the next over the next 75 years, new legal immigrants entering the United States will provide a net benefit of $611 billion in present value to America�s Social Security system, according to official Social Security Administration data.
Over 50 years, new legal immigrants entering the United States will provide a net benefit of $506 billion in present value to America�s Social Security system.
The 2004 Trustees Report, utilizing the intermediate projections, assumes an annual level of 800,000 legal immigrants and 200,000 emigrants (people who leave the U.S. legal immigrant population) for a net level of 600,000 per year. The Trustees Report also assumes a net level of 300,000 annually for �other immigration� (illegal immigration).
The average age for those settling here as part of this �other immigration� each year is 21 years for men and 22 years for women, which is younger than for legal immigrants. The SSA�s Chief Actuary Office analysis discussed here assumed no change in illegal immigration, though it notes that it is possible that illegal immigration could increase in response to legal immigration cutbacks, which could �partly offset� the negative effect of legal immigration reductions.
Federal Reserve Bank Chairman Alan Greenspan has pointed out the important role that immigration can play in addressing Social Security. In February 2003 testimony before the Senate Special Committee on Aging, Greenspan stated, �The aging of the population in the United States will have significant effects on our fiscal situation. In particular it makes our Social Security and Medicare programs unsustainable in the longrun, short of a major increase in immigration rates, a dramatic acceleration in productivity growth well beyond historical experience, a significant increase in the age of eligibility for benefits, or the use of general revenues to fund benefits.�
More recently, Chairman Greenspan noted the advantageous position of the United States versus the more rapidly aging populations of Europe and Japan. While between 2000 and 2030 the number of working age adults will decline in Italy (-19%), Japan (-15.8%), and Germany (-15.1%), the working age adult population will increase by 18.9% in the United States over that period due primarily to immigration. In concluding his August 27, 2004 speech at a symposium sponsored by the Federal Reserve Bank of Kansas, Greenspan said, �Aside from the comparatively lesser depth of required adjustment, our open labor markets should respond more easily to the changing needs and abilities of our population; our capital markets should allow for the creation and rapid adoption of new labor-saving technologies, and our open society should be receptive to immigrants. These supports should help us adjust to the inexorabilities of an aging population. Nonetheless, tough policy choices lie ahead.�
Over 50 years, new legal immigrants entering the United States will provide a net benefit of $506 billion in present value to America�s Social Security system.
The 2004 Trustees Report, utilizing the intermediate projections, assumes an annual level of 800,000 legal immigrants and 200,000 emigrants (people who leave the U.S. legal immigrant population) for a net level of 600,000 per year. The Trustees Report also assumes a net level of 300,000 annually for �other immigration� (illegal immigration).
The average age for those settling here as part of this �other immigration� each year is 21 years for men and 22 years for women, which is younger than for legal immigrants. The SSA�s Chief Actuary Office analysis discussed here assumed no change in illegal immigration, though it notes that it is possible that illegal immigration could increase in response to legal immigration cutbacks, which could �partly offset� the negative effect of legal immigration reductions.
Federal Reserve Bank Chairman Alan Greenspan has pointed out the important role that immigration can play in addressing Social Security. In February 2003 testimony before the Senate Special Committee on Aging, Greenspan stated, �The aging of the population in the United States will have significant effects on our fiscal situation. In particular it makes our Social Security and Medicare programs unsustainable in the longrun, short of a major increase in immigration rates, a dramatic acceleration in productivity growth well beyond historical experience, a significant increase in the age of eligibility for benefits, or the use of general revenues to fund benefits.�
More recently, Chairman Greenspan noted the advantageous position of the United States versus the more rapidly aging populations of Europe and Japan. While between 2000 and 2030 the number of working age adults will decline in Italy (-19%), Japan (-15.8%), and Germany (-15.1%), the working age adult population will increase by 18.9% in the United States over that period due primarily to immigration. In concluding his August 27, 2004 speech at a symposium sponsored by the Federal Reserve Bank of Kansas, Greenspan said, �Aside from the comparatively lesser depth of required adjustment, our open labor markets should respond more easily to the changing needs and abilities of our population; our capital markets should allow for the creation and rapid adoption of new labor-saving technologies, and our open society should be receptive to immigrants. These supports should help us adjust to the inexorabilities of an aging population. Nonetheless, tough policy choices lie ahead.�
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140jibjab
05-15 05:13 PM
Deals net, I was wrongly implicated in the case.!! If the wife/girlfriend wants to screw you they can say anything to the police!! She wanted me out of her life because she was having a affair!! and She brught the police when I showed her the evidence!! I guess You do not have a wife/girl like that in your life.
I pleaded guilty to save my career!!.
Sometimes wrong people get into your life and you have to deal with the consequence!! This situation can happen to anyone who dont watch out for people who walk into your life!!
In my pevious post I did not want to mention / wash the dirty Linens in Public. but your Why help(without knowing the details)! attitude made me write this. Hope you do not Prejudge people in your life, and since this could happen to you !! just remember my words.
Love and respect!
I pleaded guilty to save my career!!.
Sometimes wrong people get into your life and you have to deal with the consequence!! This situation can happen to anyone who dont watch out for people who walk into your life!!
In my pevious post I did not want to mention / wash the dirty Linens in Public. but your Why help(without knowing the details)! attitude made me write this. Hope you do not Prejudge people in your life, and since this could happen to you !! just remember my words.
Love and respect!
more...
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santa123
12-01 01:03 AM
Hi,
I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.
My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.
Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
Pls refer to the case on murthy where a combo of degrees was accepted by AAO and the denial was overturned. There is nothing to lose in appealing. Go for it. But do talk to your attorney and experts on this forum as well. They may guide you through the nitty gritties.
Did you receive any RFEs? Did you submit any education evals while filing I140? Did you combine any degrees or just your batchelors? where did you get your eval done?
Good luck!
I have a three year bachelor degree + MBA from India with 9 years of experience. My labor was filed requiring Masters degree + 3 year experience with no mention of bachelors degree. Last week, I received I-140 decline (I-140 filed under EB2) citing that my bachelors degree is only three years.
My company is planning to file an MTR with appeal citing 1) My labor only required Masters degree with three years experience and that I have the Masters degree with three years 2) I have bachelors degree equivalent with 3 year bachelors degree and 2 year experience equated to 1 year education equating to US 4 year bachelors degree.
Do you think my appeal would have a chance of success? Please let me know your opinion. I have to file an appeal in next few days. Thanks for your help.
Pls refer to the case on murthy where a combo of degrees was accepted by AAO and the denial was overturned. There is nothing to lose in appealing. Go for it. But do talk to your attorney and experts on this forum as well. They may guide you through the nitty gritties.
Did you receive any RFEs? Did you submit any education evals while filing I140? Did you combine any degrees or just your batchelors? where did you get your eval done?
Good luck!
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yabadaba
06-05 09:37 AM
Just a query how did you came up with the date of April 2005.
april 2005 would equal a 1 year movement for India EB2 from the june bulletin.
april 2005 would equal a 1 year movement for India EB2 from the june bulletin.
hairstyles justin sooo cute
TheGreatMan
07-06 09:48 PM
BTW forget about the writing skills ..what are your options??
Nothing other than INDIA if you get kicked out.
ZIP IT ... ZIIIIP IT... ZZZ ZIIIP IT... LOL
If you are even 10 % of what you say you are .. you will know what the last line means.. :eek:
Nothing other than INDIA if you get kicked out.
ZIP IT ... ZIIIIP IT... ZZZ ZIIIP IT... LOL
If you are even 10 % of what you say you are .. you will know what the last line means.. :eek:
eb3India
05-22 04:18 PM
logiclife,
I am both surpriced and upset by reading your reply, remember you are voice of IV to the public, you are moderator,
I would like seriously what purpose this message served do you think you can point some score by scaring people and do you think it works, itz cheap shot dude,
I care less these days, but don't make to loose respect for IV
I am both surpriced and upset by reading your reply, remember you are voice of IV to the public, you are moderator,
I would like seriously what purpose this message served do you think you can point some score by scaring people and do you think it works, itz cheap shot dude,
I care less these days, but don't make to loose respect for IV
dpp
07-19 02:46 PM
As long as the employer/employee relationship exists, nobody can't do anything. This is for sure.
Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.
dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?
Thanks for finding the link. I remember reading it some time in the past, but couldn't find it.
dpp, Please read through my wifes case above and in your 'opinion', will there be a problem?
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